What is the significance of the term “aggregation” in patent law?
The term “aggregation” in patent law refers to a historical concept that is no longer considered a valid basis for rejecting patent claims. According to MPEP 2173.05(k):
“A claim should not be rejected on the ground of ‘aggregation.'”
This guidance reflects a shift in patent examination practice. Historically, “aggregation” was used to describe claims that combined elements without producing a new or unexpected result. However, modern patent law and practice focus on more specific statutory grounds for rejection, such as novelty, non-obviousness, and clarity of claims.
The cases of In re Gustafson and In re Collier established that rejections based on aggregation are non-statutory and that applicants are entitled to know the specific statutory basis for any rejection (e.g., under 35 U.S.C. 101, 102, 103, or 112).
To learn more: